Correspondence Concerning the Purchase of Curtis's "The North American Indian"

Edward S. Curtis.
Downs Block,
Seattle, Washington.
April 20th, 1914.
Honorable George W. P. Hunt,
Governor of Arizona,
Capitol Building, Phoenix
Sir:
I beg to refer you to an Act, “authorizing the purchase of the “The North American Indians” by
Edward S. Curtis, and providing an appropriation therefore, approved May 18th, 1912.”
I am now prepared to deliver the material, according to this Act, and respectfully ask how such
delivery is to be made.
Appreciating your courtesy in this matter, I beg to remain
Faithfully yours,
Edward S. Curtis
COPY
April 23, 1914.
His Excellency Geo. W. P. Hunt,
Governor of the State of Arizona.
Phoenix, Arizona.
Dear Sir:
The language of Chapter 84 First Section of First Legislature, is that the State Historian be
authorized and directed to purchase one set of The North American Indian. The word “directed” is
mandatory and I am of the opinion that the State Historian has no option in the matter, and must
purchase said set out of said appropriations, and that said appropriation can not be used for any other
purpose.
Very truly yours,
G. P. Bullard,
Attorney General.
GPB‐R
The Governor’s Office
State House
Phoenix
April 22nd, 1914.
My dear Mr. Farish:
Enclosed herewith is a letter from Mr. Edward S. Curtis, of Seattle, relative to the purchase of
“The North American Indian”, of which he is the author. In answering Mr. Curtis’s letter I have assured
him that his inquiry would be referred to you for consideration and reply.
Yours very truly,
Geo. W. P. Hunt
Governor of Arizona.
Hon. Thos. E. Farish,
State Historian,
State House.
May 9th, 1914.
Mr. Edward S. Curtis,
Downs Block,
Seattle, Washington:
My dear Sir:‐
Yours of the 20th ult., addressed to the Governor has been referred to me.
In reply permit me to say that your matter has been referred to the Attorney General for his
opinion, and, consequently, I am not prepared to take any action at present in reference to it.
In the meantime I would be very glad to receive a prospsotus of the world, for I do not know
what it is, but presume it is, as you say, one of great value.
I am,
Very truly yours,
Arizona Historian
April 29th, 1914.
My dear Governor:‐
I am in receipt of your letter of the 25th inst., enclosing me a copy of Attorney‐General Bullard’s
opinion in regard to the purchase of a set of books entitled “The North American Indian.”
I have carefully considered the Attorney‐General’s opinion and while I do not dispute his holding
that the word “directed” is mandatory, I think there are several other points to be taken into
consideration in connection with this matter, which the Attorney‐General has not done. They are as
follows:
First: Chapter 94 of the Session Laws of 1909, created the office of “Arizona Historian”, and,
therefore, Chapter 84, First Session of the First Legislature, directing the “State Historian” to purchase
the books in question, imposes a duty upon a non‐existent officer.
Second: Chapter 84, First Session of the First Legislature, directs that the State Auditor shall
draw his warrant or warrants in payment for the books above mentioned “in such sums and at such time
and times as may be provided by the contract between the said publisher and the ‘State Historian’”. As
“Arizona Historian” I have never made any contract with the publisher for the purchase of these works,
and do not know that I have the authority to do so, and I do not believe that my predecessor in office
made such a contract, for, if I am rightly informed, the office of “Arizona Historian”, was vacant at the
time the act authorizing the purchase of these books was passed.
Third: There has been no delivery of the books in question to me as “Arizona Historian”,
although Mr. Curtis has, by letter addressed to you, offered to make such delivery.
To sum up this matter, it appears to me that an appropriation has been made authorizing and
directing a non‐existent officer to purchase and pay for a set of book under the terms of a non‐existent
contract, and that the delivery of such books has not been made.
I would also call your attention to the fact that the act of authorizing and directing the purchase
of these books, does not set any time or times for the payment or payments, but leaves such time or
times to be set by a contract which is to be made by a non‐existent officer.
If these points are brought to the attention of the Attorney‐General and carefully considered by
him, it is possible that a further opinion, if one shall be rendered by him in regard to this matter, will
more clearly set forth what is and what is not to be done.
Respectfully yours,
Arizona Historian.
Hon. Geo. W. P. Hunt,
Governor of Arizona,
State Building,
Phoenix, Arizona.
The
North American
Indian
Edward S. Curtis
437 Fifth Avenue
New York
Port Hardy, B. C.,
May 23, 1914.
Mr. Thos. Edwin Farish,
State House,
Phoenix, Arizona,
Dear Sir:
Following your request of May ninth, I am having mailed you a prospectus of the Indian work.
Also I will have included with it an eight‐page comment sheet giving extracts from different authorities,
newspapers, etc., as to the work. Certainly a work of this nature, which is so largely devoted to your
locality, is well worthy of the State’s support.
Very truly yours,
Edward S. Curtis

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Edward S. Curtis.
Downs Block,
Seattle, Washington.
April 20th, 1914.
Honorable George W. P. Hunt,
Governor of Arizona,
Capitol Building, Phoenix
Sir:
I beg to refer you to an Act, “authorizing the purchase of the “The North American Indians” by
Edward S. Curtis, and providing an appropriation therefore, approved May 18th, 1912.”
I am now prepared to deliver the material, according to this Act, and respectfully ask how such
delivery is to be made.
Appreciating your courtesy in this matter, I beg to remain
Faithfully yours,
Edward S. Curtis
COPY
April 23, 1914.
His Excellency Geo. W. P. Hunt,
Governor of the State of Arizona.
Phoenix, Arizona.
Dear Sir:
The language of Chapter 84 First Section of First Legislature, is that the State Historian be
authorized and directed to purchase one set of The North American Indian. The word “directed” is
mandatory and I am of the opinion that the State Historian has no option in the matter, and must
purchase said set out of said appropriations, and that said appropriation can not be used for any other
purpose.
Very truly yours,
G. P. Bullard,
Attorney General.
GPB‐R
The Governor’s Office
State House
Phoenix
April 22nd, 1914.
My dear Mr. Farish:
Enclosed herewith is a letter from Mr. Edward S. Curtis, of Seattle, relative to the purchase of
“The North American Indian”, of which he is the author. In answering Mr. Curtis’s letter I have assured
him that his inquiry would be referred to you for consideration and reply.
Yours very truly,
Geo. W. P. Hunt
Governor of Arizona.
Hon. Thos. E. Farish,
State Historian,
State House.
May 9th, 1914.
Mr. Edward S. Curtis,
Downs Block,
Seattle, Washington:
My dear Sir:‐
Yours of the 20th ult., addressed to the Governor has been referred to me.
In reply permit me to say that your matter has been referred to the Attorney General for his
opinion, and, consequently, I am not prepared to take any action at present in reference to it.
In the meantime I would be very glad to receive a prospsotus of the world, for I do not know
what it is, but presume it is, as you say, one of great value.
I am,
Very truly yours,
Arizona Historian
April 29th, 1914.
My dear Governor:‐
I am in receipt of your letter of the 25th inst., enclosing me a copy of Attorney‐General Bullard’s
opinion in regard to the purchase of a set of books entitled “The North American Indian.”
I have carefully considered the Attorney‐General’s opinion and while I do not dispute his holding
that the word “directed” is mandatory, I think there are several other points to be taken into
consideration in connection with this matter, which the Attorney‐General has not done. They are as
follows:
First: Chapter 94 of the Session Laws of 1909, created the office of “Arizona Historian”, and,
therefore, Chapter 84, First Session of the First Legislature, directing the “State Historian” to purchase
the books in question, imposes a duty upon a non‐existent officer.
Second: Chapter 84, First Session of the First Legislature, directs that the State Auditor shall
draw his warrant or warrants in payment for the books above mentioned “in such sums and at such time
and times as may be provided by the contract between the said publisher and the ‘State Historian’”. As
“Arizona Historian” I have never made any contract with the publisher for the purchase of these works,
and do not know that I have the authority to do so, and I do not believe that my predecessor in office
made such a contract, for, if I am rightly informed, the office of “Arizona Historian”, was vacant at the
time the act authorizing the purchase of these books was passed.
Third: There has been no delivery of the books in question to me as “Arizona Historian”,
although Mr. Curtis has, by letter addressed to you, offered to make such delivery.
To sum up this matter, it appears to me that an appropriation has been made authorizing and
directing a non‐existent officer to purchase and pay for a set of book under the terms of a non‐existent
contract, and that the delivery of such books has not been made.
I would also call your attention to the fact that the act of authorizing and directing the purchase
of these books, does not set any time or times for the payment or payments, but leaves such time or
times to be set by a contract which is to be made by a non‐existent officer.
If these points are brought to the attention of the Attorney‐General and carefully considered by
him, it is possible that a further opinion, if one shall be rendered by him in regard to this matter, will
more clearly set forth what is and what is not to be done.
Respectfully yours,
Arizona Historian.
Hon. Geo. W. P. Hunt,
Governor of Arizona,
State Building,
Phoenix, Arizona.
The
North American
Indian
Edward S. Curtis
437 Fifth Avenue
New York
Port Hardy, B. C.,
May 23, 1914.
Mr. Thos. Edwin Farish,
State House,
Phoenix, Arizona,
Dear Sir:
Following your request of May ninth, I am having mailed you a prospectus of the Indian work.
Also I will have included with it an eight‐page comment sheet giving extracts from different authorities,
newspapers, etc., as to the work. Certainly a work of this nature, which is so largely devoted to your
locality, is well worthy of the State’s support.
Very truly yours,
Edward S. Curtis